Te Pāti Māori decision: Debate primed for filibuster

Otago Daily Times

19-05-2025

Hana-Rawhiti Maipi-Clarke rips up a copy of the Principles of the Treaty of Waitangi Bill at the conclusion of the Bill's first reading last year. Photo: VNP/Louis Collins
Labour is unlikely to engage in filibustering to slow progress of a debate into whether three Te Pāti Māori MPs should be suspended from Parliament after performing a haka during the first reading of the controversial Treaty Principles Bill.
And the president of Te Pāti Māori says Parliament needs to recognise that society is evolving and tikanga Māori should be incorporated increasingly more into the House.
It has been recommended to the Speaker of the House by the Privileges Committee that Te Pāti Māori co-leaders Rawiri Waititi and Debbie Ngārewa-Packer, and MP Hana-Rāwhiti Maipi-Clarke (who led the haka Ka Mate but showed contrition) receive stand-downs of 21 and seven sitting days, respectively.
The debate is set to begin on this afternoon and could go on well into the night - or even for weeks.
The Treaty Principles Bill, introduced by the ACT party, aimed to clarify the principles of Te Tiriti o Waitangi (the Treaty of Waitangi) and to establish a clear legal framework for how these principles should be understood and applied in New Zealand law. It was defeated at a second reading last month.
Unusually for New Zealand's Parliament, it will be a debate primed for filibuster.
Parliament's Speaker Gerry Brownlee set out the parameters last week, including that all 123 MPs will be allowed to speak. If any amendment is put forward, they would then be allowed to speak again. Such amendments could include a change to the length of the suspensions.
Should the debate continue long enough, the Budget, to be delivered on Thursday, would take precedence over it and Te Pāti Māori MPs would be able to participate - including having their votes against the Budget recorded.
Parliament's public gallery will be closed today, but a protest is planned on the forecourt in Wellington.
Te Pāti Māori MPs Rawiri Waititi, Debbie Ngarewa-Packer and Hana-Rawhiti Maipi-Clarke face ACT MPs as they perform the haka. Photo: VNP/Louis Collins
Green Party musterer Ricardo Menéndez March said the proposed ban was unprecedented and of concern to all the party's MPs, so it was likely they would want to speak during the debate.
"It raises really really serious concerns about whether this new standard only applies when haka, waiata or tikanga Māori is used in the House."
The Greens were hoping to be able to speak with government MPs and ultimately be able to reduce the penalty that had been given, he said - but elected Te Pāti Māori MPs should be able to vote during the Budget procedures.
"We will be using the tools available to us to ensure that we can challenge this decision however we can."
Menéndez March said he would not accept "performative outrage" on the issue of filibustering from government MPs.
"They're the ones who have chosen to deal an unprecedented punishment and are unable to reflect on the issue that many have been raising about how tikanga can be better incorporated in the House."
Labour leader Chris Hipkins agreed the proposed punishment was disproportionate. Hipkins told RNZ's Morning Report programme today there should be some kind of sanction, but the penalty on the table was too extreme.
"Two other MPs have been sanctioned in this term of Parliament for bullying and intimidating behaviour - one National MP and one Green MP. Neither of them was suspended from the service of the House at all."
Te Pāti Māori had a right to protest against the Treaty Principles Bill, he believed.
"Frankly if they'd done the haka 90 seconds later I would've supported it - because the vote would've been declared, they would've been doing the haka after the vote as a form of protest to the law that Parliament had just passed."
Prime Minister Christopher Luxon yesterday ruled out any compromise, so a deal between the government and Opposition for a shorter debate seems unlikely.
ACT leader David Seymour, whose bill prompted the haka, told RNZ Te Pāti Māori's actions showed its MPs believed their behaviour was acceptable.
"I hope the debate will be over very quickly ... this is Budget week and New Zealanders deserve to see how the government will manage the economy over the coming year, not hijinks in response to very wrong hijinks of Te Pāti Māori.
"These are unprecedented offences and they deserve unprecedented penalties."
He said the previous record of three days suspension, handed to former Prime Minister Sir Robert Muldoon for publicly criticising the Speaker of the House, was "very different from breaking ancient laws of our Parliament - tikanga if you like - that you should not leave your seat".
"If they believe that is a legitimate way to do business, the punishment should be strong enough to persuade them of that belief, and I'd give them three months.
"If it was up to me, a 90-day sentence of suspension but then subtract all the days they haven't shown up anyway. Like time served."
New Zealand First leader Winston Peters, who was on the Privileges Committee that proposed the punishments, has long decried what he sees as falling standards at Parliament, putting the first-reading haka into that category.
It will therefore be up to the Speaker and the opposition parties how long the debate lasts, and Brownlee has stated his willingness to support the minority in this case.
Whether the disruption to the government's agenda is worth potential backlash for time wasting will be the political calculation being made.